A BILL to amend and reenact §18B-2A-1 of
the Code of West Virginia,
1931, as amended; and to amend and reenact §18B-3C-13 of said
code, relating to higher education generally; establishing
boards of governors for independent community and technical
colleges; providing for the initial appointment to and the
terms of office of members of the boards of governors for
independent community and technical colleges; relating to the
appointment and membership of institutional boards of
governors of state institutions of higher education; and
providing for the election of a chairperson of an
institutional board of governors during the fiscal year
beginning on the first day of July, two thousand eight.

Be it enacted by the Legislature of West Virginia:
That §18B-2A-1 of
the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18B-3C-13 of said code be amended and reenacted, all to read as follows:ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.

§18B-2A-1. Composition of boards; terms and qualifications of
members; vacancies; eligibility for reappointment;
establishment of boards for independent community
and technical colleges.

(a) A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Concord University, Eastern West Virginia
Community and Technical College, Fairmont State University,
Glenville State College, Marshall University, New River Community
and Technical College, Shepherd University, Southern West Virginia
Community and Technical College, West Liberty State College, West
Virginia Northern Community and Technical College, the West
Virginia School of Osteopathic Medicine, West Virginia State
University and West Virginia University.
(b) Independent community and technical colleges established
--
Effective the first day of July, two thousand eight, the board
of advisors is abolished and a board of governors is established
for Marshall Community and Technical College; Pierpont Community
and Technical College, formerly a division of Fairmont State
University; The Community and Technical College at West Virginia
University Institute of Technology; West Virginia State Community and Technical College; and West Virginia University at Parkersburg.(A) In making the initial appointments to these boards of
governors, the Governor may appoint those persons who are lay
members of the boards of advisors by the thirtieth day of June, two
thousand eight.
(B) At the end of the initial term, and thereafter, an
appointment to fill a vacancy on the board or reappointment of a
member who is eligible to serve an additional term is made in
accordance with the provisions of this section.(b) The institutional Board of Governors for Marshall
University consists of sixteen persons and the institutional Board
of Governors for West Virginia University consists of eighteen
persons. Each other board of governors consists of twelve persons.(c) The institutional boards of governors for Marshall
University and West Virginia University consist of sixteen persons.
The boards of governors of the other state institutions of higher
education consist of twelve persons.(c)(d) Each board of governors includes the following
members:
(1) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(2) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student body of the respective institution;
(3) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
and
(4) For the institutional Board of Governors at Marshall
University, twelvethirteen lay members appointed by the Governor,
by and with the advice and consent of the Senate, pursuant to this
section. and, additionally, the chairperson of the institutional
board of advisors of Marshall Community and Technical College
serving as an ex officio, voting member.
(5) For the institutional Board of Governors at West Virginia
University, twelve lay members appointed by the Governor, by and
with the advice and consent of the Senate, pursuant to this section
and, additionally, the chairpersonschairperson of the following
boards serving as ex officio, voting members(A) The institutional board of advisors of(i) The Community and Technical College at West Virginia
University Institute of Technology; and(ii) West Virginia University at Parkersburg; and(B) The Board of Visitors of West Virginia University
Institute of Technology.
(6) For each institutional board of governors of an
institution that does not have an administratively linked community
and technical college under its jurisdiction,the other state institutions of higher education, nine lay members appointed by the
Governor, by and with the advice and consent of the Senate,
pursuant to this section.(7) For each institutional board of governors which has an
administratively linked community and technical college under its
jurisdiction:(A) Eight lay members appointed by the Governor, by and with
the advice and consent of the Senate, pursuant to this section and,
additionally, the chairperson of the institutional board of
advisors of the administratively linked community and technical
college; and(B) Of the eight lay members appointed by the Governor, one
shall be the superintendent of a county board of education from the
area served by the institution.(d)(e) Of the eight or nine members appointed by the
Governor, no more than five may be of the same political party. Of
the twelvethirteen members appointed by the Governor to the
governing boardsboard of Marshall University, and West Virginia
University, no more than seveneight may be of the same political
party. Of the twelve members appointed by the Governor to the
governing board of West Virginia University, no more than seven may
be of the same political party. Of the eight or nine members
appointed by the Governor, at least six shall be residents of the
state. Of the twelvethirteen members appointed by the Governor to the governing boardsboard of Marshall University, and West
Virginia University, at least eight shall be residents of the
state. Of the twelve members appointed by the Governor to the
governing board of West Virginia University, at least eight shall
be residents of the state.(e)(f) The student member serves for a term of one year.
Each term begins on the first day of July.(f)(g) The faculty member serves for a term of two years.
Each term begins on the first day of July. Faculty members are
eligible to succeed themselves for three additional terms, not to
exceed a total of eight consecutive years.(g)(h) The member representing classified employees serves
for a term of two years. Each term begins on the first day of
July. Members representing classified employees are eligible to
succeed themselves for three additional terms, not to exceed a
total of eight consecutive years.(h)(i) The appointed lay citizen members serve terms of up to
four years each and are eligible to succeed themselves for no more
than one additional term.(i)(j) A vacancy in an unexpired term of a member shall be
filled for the unexpired term within thirty days of the occurrence
of the vacancy in the same manner as the original appointment or
election. Except in the case of a vacancy, all elections shall be
held and all appointments shall be made no later than the thirtieth day of June preceding the commencement of the term. Each board of
governors shall elect one of its appointed lay members to be
chairperson in June of each year except for the fiscal year
beginning on the first day of July, two thousand eight only, when
the board shall elect the chairperson in July. A member may not
serve as chairperson for more than four consecutive years.(j)(k) The appointed members of the institutional boards of
governors serve staggered terms of up to four years except that
four of the initial appointments to the governing boards of
community and technical colleges which become independent on the
first day of July, two thousand eight are for terms of two years
and five of the initial appointments are for terms of four years.(k)(l) A person is ineligible for appointment to membership
on a board of governors of a state institution of higher education
under the following conditions:
(1) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors, a member of an institutional board of
advisors of any public institution of higher education, an employee
of any institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office or public employment under the government of this state or
any of its political subdivisions; an employee of any affiliated
research corporation created pursuant to article twelve of this chapter; an employee of any affiliated foundation organized and
operated in support of one or more state institutions of higher
education; or a member of the Council or Commission. This
subsection does not prevent the representative from the faculty,
classified employees, students, or chairpersons of the boards of
advisors or the superintendent of a county board of education from
being members of the governing boards.
(2) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of an institutionala board
of advisorsvisitors of any public institution of higher education;
an employee of any institution of higher education; an officer or
member of any political party executive committee; the holder of
any other public office, other than an elected county office, or
public employment, other than employment by the county board of
education, under the government of this state or any of its
political subdivisions; an employee of any affiliated research
corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; or
a member of the Council or Commission. This subsection does not
prevent the representative from the faculty, classified employees,
students, or chairpersons of the boards of advisors from being
members of the governing boards.(l)(m) Before exercising any authority or performing any
duties as a member of a governing board, each member shall qualify
as such by taking and subscribing to the oath of office prescribed
by section five, article IV of the Constitution of West Virginia
and the certificate thereof shall be filed with the Secretary of
State.(m)(n) A member of a governing board appointed by the
Governor may not be removed from office by the Governor except for
official misconduct, incompetence, neglect of duty or gross
immorality and then only in the manner prescribed by law for the
removal of the state elective officers by the Governor.(n)(o) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. The members of the board of governors serve
without compensation, but are reimbursed for all reasonable and
necessary expenses actually incurred in the performance of official
duties under this article upon presentation of an itemized sworn
statement of expenses. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.

§18B-3C-13. Legislative intent; Pierpont Community and Technical
College established as independent state
institution of higher education; governing board; institutional organization, structure,
accreditation status.

(a) The intent of the Legislature in enacting this section is
to provide for the most effective education delivery system for
community and technical education programs to the entire region to
be served by Pierpont Community and Technical College and to focus
the institutional mission on achieving state goals, objectives,
priorities, and essential conditions as established in articles
one, one-d, and three-c of this chapter.
(b) Pierpont Community and Technical College is established as
an independent state institution of higher education. Any
reference in this code to Fairmont State Community and Technical
College or to Pierpont Community and Technical College, a division
of Fairmont State University, means the independent state
institution of higher education known as Pierpont Community and
Technical College.
(c) Effective the first day of July, two thousand eight, the
board of advisors for Pierpont Community and Technical College is
abolished and a governing board for that institution is appointed
subject to the provisions of article two-a of this chapter. The
administrative head of Pierpont Community and Technical College on
the thirtieth day of June, two thousand eight, is the president of
the independent community and technical college subject to the
provisions of section five of this article.
(d) In the delivery of community and technical college
education and programs, Pierpont Community and Technical College
shall adhere to all provisions set forth in this code and rules
promulgated by the Council for the delivery of education and
programs, including, but not limited to, Council review and
approval of academic programs, institutional compacts, master plans
and tuition and fee rates, including capital fees.
(e) Pierpont Community and Technical College shall pursue
independent accreditation status and the board of governors of the
community and technical college shall provide through contractual
arrangement for the administration and operation of Pierpont
Community and Technical College by Fairmont State University while
the community and technical college seeks appropriate independent
accreditation. The contractual arrangement may not be implemented
until approved by the Council and shall include provisions to
ensure that the programs offered at Pierpont Community and
Technical College are accredited while independent accreditation is
being sought. Fairmont State University shall continue to provide
services to the community and technical college which the community
and technical college or the Council considers necessary or
expedient in carrying out its mission under the terms of an
agreement between the two institutions pursuant to the provisions
of section twelve of this article.
(f) The Council has the authority and the duty to take all steps necessary to assure that the institution acquires independent
accreditation status as quickly as possible. If the community and
technical college fails to achieve independent accreditation by the
first day of July, two thousand eleven, the Council shall sever any
contractual agreement between Pierpont Community and Technical
College and Fairmont State University and assign the responsibility
for achieving independent accreditation to another state
institution of higher education.

NOTE: The purpose of this bill is to clarify the method for
appointing members of the boards of governors for community and
technical colleges which become independent on July 1, 2008.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added. §18B-3C-13 has been completely rewritten, therefore
strike-throughs and underlines have been omitted.